Revisiting Michigan’s “Open and Obvious” Doctrine

In December, the American Tort Reform Association handed Michigan an unglamorous award, including the state on its annual “Judicial Hellhole” Report for the third consecutive year. The report highlights courts across the country that “apply the law and court procedures in an unfair and unbalanced manner.” That disagreeable legal climate was an impetus for Michigan Retailers Association to join the Michigan Alliance for Legal Reform at the end of 2025. The Alliance is pursuing legislative solutions that align Michigan with national best practices and strengthen economic competitiveness.

Of particular relevance to retailers is the ongoing debate about Michigan’s “open and obvious” doctrine. Under Michigan’s long-standing premises liability protection, property owners used to be protected from lawsuits for hazards deemed “open and obvious” to the average person, like a slippery patch of ice on a sidewalk or a pothole in a parking lot. In 2023, the State Supreme Court overturned that doctrine, opening the doors to frivolous lawsuits, greater uncertainty, and higher costs for Michigan property owners. Without a premises liability protection, Michigan is now a national outlier, one of only nine states without some form of open and obvious protections.

Consider a recent, colorful example: the case of a Michigan man who sued a hospital and its security contractor after being attacked by a wild goose on the hospital’s property. The Michigan Court of Appeals found that the property owners may be liable, because the goose “was a condition of the land whose dangerousness was known” to the defendants.

Taken together, these developments underscore why Michigan’s litigation climate has become a serious competitiveness issue rather than an abstract legal debate. When everyday conditions can give rise to unpredictable liability, businesses are forced to divert resources from growth, hiring, and customer service toward defending against speculative claims. Restoring a balanced, commonsense premises liability standard would not strip injured people of legitimate recourse; it would simply bring Michigan back into alignment with the vast majority of states and reaffirm that fairness and predictability matter in the courtroom as much as they do in the marketplace.

More Secure Bridge Cards Coming to Michigan in 2026

The Michigan Department of Health and Human Services (MDHHS) will be rolling out new, chip-enabled bridge cards in 2026 to enhance security and protect benefits for approximately 1.4 million Michigan residents who participate in the Supplemental Nutrition Assistance Program (SNAP). This transition, funded by a $16 million appropriation in the state’s 2026 budget, aims to replace vulnerable magnetic-stripe technology with the global industry standard for secure payments.

The shift addresses a significant rise in electronic theft, with scammers targeting SNAP benefits. Traditional magnetic-stripe cards are highly susceptible to “skimming”—where criminals use illegal devices on card readers to copy information—and “cloning,” which allows them to create counterfeit cards and drain a recipient’s account. In contrast, the new chip-enabled cards generate unique transaction codes, making them nearly impossible to replicate or use for unauthorized transactions.

To prepare for this transition, Michigan retailers may need to update their infrastructure to support the new secure technology while maintaining access for all SNAP recipients. Look for additional information from MRA and MDHHS as the new cards are introduced this year.

MRA Joins UIA Modernization Workgroup

This year, MRA joined the Michigan Unemployment Insurance Agency’s (UIA) Modernization Workgroup, which advises the Agency on potential improvements to its processes and recommends ways to better serve Michigan employers and workers.

The Modernization Workgroup, established in 2023, has four priorities:

  • Setting modernization goals

  • Understanding users’ experiences and needs

  • Supporting Michigan workers and economy

  • Stabilizing the Trust Fund and continued partnership

MRA will bring the unique perspective of Michigan’s retail and small business community to the table, advocating for improvements and efficiencies that help the UIA serve both retailers and their employees.

Deadlines and Reminders

March – April

March 2 – Electronic Reporting of MIOSHA Form 300A – Summary of Work-Related Injuries and Illnesses (Establishments with 250 or more employees).
March 30 – Renew food establishment licenses online at MDARD (Current licenses expire April 30).
March 30 – Renew bottled water dispensing machine license at MDARD (Current licenses expire April 30).
April 15 – Renew and print liquor licenses online at MLCC (Current licenses expire April 30).

Monthly:

Sales & Use Tax – Monthly & EFT – On or before the 20th day of the following month.
Withholding Tax – Monthly & EFT – On or before the 20th day of the following month.
Retailer’s Prepaid Wireless 911 Surcharge – within 30 days of the close of each month. Receipt of a complete Form 5012 is required regardless of payment method.

Quarterly:

Corporate Income Tax (CIT) Estimated Returns and Payments (Jan. 15, April 15, July 15, Oct. 15)
Sales & Use Tax – Quarterly & EFT – On or before the 20th day of the month following the quarter (Jan. 20, April 20, July 20, Oct. 20)
Withholding Tax – Quarterly – On or before the 20th day of the month following the quarter (Jan. 20, April 20, July 20, Oct. 20)
Unemployment Employer’s Quarterly Wage/Tax Reports (Jan. 25, April 25, July 25, Oct. 25)